ATCP 156.15(2)
(2) Sale in bags or totes. The following requirements apply whenever yellow tag foundation grade seed potatoes are sold in bags or totes, as certified foundation seed potatoes:
ATCP 156.15(2)(a)
(a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be labeled with the name and address of the seller.
ATCP 156.15(2)(b)
(b) Each bag or tote may be labeled with the words “Yellow Tag Grade." No other brand, other than the seller's trademark, may appear on the bag without the department's approval.
ATCP 156.15 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.15(3)
(3) Sale in bulk. The following requirements apply whenever yellow tag grade foundation seed potatoes are sold in bulk, as certified foundation seed potatoes:
ATCP 156.15(3)(a)
(a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.
ATCP 156.15 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.15 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.16
ATCP 156.16 Misrepresentations. No person may do any of the following in connection with the sale of potatoes:
ATCP 156.16(1)
(1) Represent the potatoes as Wisconsin graded seed potatoes unless the potatoes are graded, handled and accurately labeled according to this subchapter.
ATCP 156.16(2)
(2) Misrepresent the grade of certified seed potatoes, or the basis for that grade.
ATCP 156.16 Note
Note: Section
ATCP 156.16 is adopted under authority of s.
100.20(2), Stats. The department may prosecute fraudulent misrepresentations of grade pursuant to s.
100.20(6) or
100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent misrepresentation of grade may bring a private court action for double damages, costs and attorney fees, pursuant to s.
100.20 (5), Stats.
ATCP 156.16 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.17(1)(1)
Request. A person adversely affected by a department grading decision under this subchapter may make a written request for department review of that decision.
ATCP 156.17(2)(a)(a) If the department receives a written request under
sub. (1), a department representative shall hold an informal meeting with the requester. The department shall hold the informal meeting within 30 days after it receives the written request, unless the requester agrees to a later meeting date. The meeting may be held in person or by telephone.
ATCP 156.17(2)(b)
(b) At the informal meeting under
par. (a), the department may explain the basis for its decision. A requester may also present information or arguments related to the decision.
ATCP 156.17(3)
(3) Contested case. If a disputed matter under
sub. (1) is not resolved after a meeting under
sub. (2), the affected person may request a contested case hearing before the department, pursuant to
ch. 227, Stats., and
ch. ATCP 1. The person shall make the request under
s. ATCP 1.06. The department shall grant or deny the hearing request as provided in
s. ATCP 1.06 (3).
ATCP 156.17 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.
